Research On Criminal Liability Problems Of The Third Party Payment Platform Crimes

Along with the progress of information network technology,network platforms have become important subjects to promote the development of digital economy.The third party payment platform,as one of the important network platforms,can also cause crimes while providing payment and its derivatives business for the people.The platform will bear criminal liability.It is conducive to standardize online payment activities and promote the healthy development of payment business if we take the platform as the research object and pay attention to criminal liability problems.There are six chapters to study the criminal liability of the third party payment platform crimes,mainly involving the following contents.The first chapter studies the platform crimes and criminal liability.This chapter mainly explains the concept of the platform,combs the domestic and foreign legal provisions on the platform,and puts forward the criminal liability problems faced by these crimes.The platform which is different from the bank is an institution that provides payment and its derivative business.In order to regulate the business activities of the platform,many laws and regulations have been formulated in China,which have not achieved the desired regulatory effect.As a result,many problems,including the unclear nature of the platform,the invalidation of prosecution caused by various crimes and the blurred boundary of criminal responsibility,have arisen.The second chapter studies the nature and role of the platform and defines criminal liability.In nature,the platform not only plays the role of credit intermediary,but also performs the function of credit creation.It is not a non-financial institution stipulated by the existing norms,but a non-bank financial institution.The platform plays a dual role,which not only has the role of content service provider and intermediary service provider,but also has the role of both managers and managed persons.Faced with the controversial issue of criminal liability,it is necessary to focus on the legal consequences of the platform crimes.The third chapter studies the basis of the platform to assume criminal liability.This chapter is the general content of establishing the criminal liability system of the platform.The third party payment platform,as a specific type of internet service provider,has technical advantages in managing payment network space.At the same time,it also has a strong ability to control the infringement of legal interests.It not only provides theoretical guidance for the liability of crimes committed as a way ofaction,crimes of helpful behavior nature and crimes of omission not fulfilling the obligation of information network security management,but also provides the necessary requirement for controlling the illegal activities of the network platform under the current economic form,if we take the theory of controlling the degree of infringement of legal interests as the basis of investigating the criminal liability of the platform.The forth chapter studies the criminal liability of the payment platform crimes committed as a way of action.Beginning with this chapter,the following chapters are the sub-provisions of the criminal liability system of the platform.The platform carries out the crime as a way,which shows that the crimes take the nature of execution as its basic characteristic and can lead to the creation of facts of infringement of legal interests.Therefore,whether the platform illegally uses the customer reserve fund crime,or engages in network payment business crime without authorization,or infringes on customer information crime,it should be required to bear heavy criminal liability.The fifth chapter studies the criminal liability of the platform for the implementation of crimes of helpful behavior nature.The platform implements crimes of helpful behavior nature,which shows that such crimes are characterized by helpful nature.In payment cyberspace,others have committed illegal acts.If the platform can take part in controlling the infringement of legal interests,it should bear criminal liability.However,due to the different degree of participation of the platform in controlling the infringement of legal interests,how to bear the liability should be differentiated.If the platform plays a decisive role in controlling the infringement of legal interests,such as concealing crime-related income and proceeds therefrom,and providing technical support and settlement assistance for the cybercrime,the liability of the platform should be investigated for independent crimes.If the platform has a low degree of participation in controlling the infringement of legal interests and plays a supporting role,such as providing assistance for the crimes of payment instruments,financial products and virtual currency,the liability of the platform should be investigated.The last chapter studies the criminal liability of the omission crimes of the platform which fails to fulfill the obligation of information network security management.The focus of this chapter is to clarify the types of the platform management obligations,to improve the elements and limitations of the liability forthe crimes of refusing to fulfill the obligation of information network security management.Whether abroad or at home,there is a consensus that the platform should fulfill the management obligations of protecting customer information,supervising illegal and criminal activities,and providing assistance to law enforcement agencies.Faced with the legislative appropriateness of the crimes of refusing to fulfill the obligation of the management,it is difficult to amend the provisions in the short term.Therefore,the key point is to improve the interpretation of the elements of the crimes.On the objective elements of the crimes,we should not only pay attention to the possibility of the platform's ability to fulfill the obligations in practice,but also consider the possibility of its ability to fulfill the obligations in technology.On the subjective elements of the crimes,we should grasp more of its attitude of negligence.In the limit of investigating the liability of the platform in this crimes,we should not only establish the condition of not assuming criminal liability,but also clarify the boundary of assuming the civil liability,administrational liability and criminal liability,so as to prevent excessive accountability.